Doña Ana County awaits ruling on reduction in $22 million Slevins verdict

LAS CRUCES — Two key requests by Doña Ana County, including one to reduce a $22 million verdict against the county's jail, are awaiting action from federal judge in Santa Fe.

The county has argued the verdict amount in favor of former inmate Stephen Slevin was excessive and that it should either be reduced or that a new trial should be set.

The county is also seeking that federal Judge Martha Vázquez disqualify herself from hearing further matters in the case —or call for a re-trial — because of two inspection visits she made to the Doña Ana County Detention Center in 2009. That was while she was presiding over two jail-related cases involving the county, including the Slevin matter, according to court records.

Also, a remark made by Vázquez during the trial to a trial has become a bone of contention.

Slevin's attorneys, meanwhile, contend the verdict was justified, because of the maltreatment Slevin endured during his 22-month detention in Doña Ana County.

The verdict gained broad publicity around the start of the year, because of dramatic before-and-after photos from Slevin's jail stay, the severity of his allegations and the dollar amount of the verdict.

Doña County Attorney John Caldwell filed a motion seeking either a re-trial or a reduction in the jury's verdict award, contending it was too high, according to court documents. Specifically, Caldwell argued it had to have been emotionally driven.

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"The jury's eight-figure recovery figure is excessive on its face," Caldwell wrote in a court filing. "The jury's passion likely was aroused by the nature of the case, as well as by evidence and events at trial that drove the damages to an unreasonable level."

In arguing against the verdict amount, Caldwell took issue with a remark made by Vázquez while she presided in front of the jury. She made the comment to a witness at the trial, who was also a former Doña Ana County inmate.

The initially scheduled day for the witness, John Oates, to testify, he experienced an anxiety attack while being housed in a holding room at the federal courthouse, according to court records. It kept him from testifying the first day, but he returned a day later to do so.

After Oates finished testifying, Vázquez said to him: "I'm sorry about yesterday," according to court records.

Caldwell argued the comment, while polite, could have influenced the jury unfairly, especially considering that Slevin never testified in the trial. Caldwell also contended Vázquez's impartiality into question, according to court documents.

But Slevin's attorney, Alice T. Lorenz of Albuquerque, countered by saying that the trial remark was taken out of context by the county. The county's argument "evaporates, when the entire exchange ... is considered," she wrote.

The expanded comments were as follows, according to court records:

Said Vázquez: "Thank you very much, Mr. Oates. And I'm sorry about yesterday, but I thank you very much for coming today and answering all of our questions."

She continued, by addressing the guards: "And I want to thank the officers very much for making another trip today. Sorry for the inconvenience yesterday. But thank you very much for driving Mr. Oates today. All right. Mr. Oates, best to you."

Lorenz contended that nothing "about this exchange could have "inflamed' or improperly influenced the jury."

A second motion filed by Caldwell petitions Vázquez to step aside from the case or grant a re-trial based on the fact she'd made two visits — in March and April of 2009 — to personally inspect conditions for federal inmates at the Doña Ana County jail. The visits, in which Vázquez encountered detention center Director John Barela, also a witness in the Slevin case, amounted to fact-gathering outside the courtroom, Caldwell contended in court documents. Vázquez also "obtained copies of medical records of some inmates and expressed concern about continuing to house federal prisoners in the facility, if satisfactory conditions could not be maintained there," according to Caldwell.

Doña Ana County, prior to the trial, had previously sought Vázquez recuse herself, but the motion was denied.

Vázquez had responded, saying that the visits were part of her administrative capacity in the court and legal system, not as a judge, and dealt with federal inmates only.

Slevin was a state detainee.

Caldwell noted that Vázquez did recuse herself from hearing a class action lawsuit — called the Bravo case — against Doña Ana County that was ongoing at the time of the Slevin case. That happened shortly after Vázquez recused herself in May 2009 from hearing a lawsuit against an Albuquerque detention facility, partly because she'd visited that facility, according to court records.

Monday, Caldwell said the county is awaiting rulings by Vázquez.

"Absent that occurring, there's nothing that can be done in the case," Caldwell said.

There's no deadline for Vazquez to rule.

Matthew Coyte of Albuquerque, co-attorney for Stephen Slevin, declined to comment for this article.

Depending on the eventual ruling, it's likely Slevin or Doña Ana County will take the case to the federal Court of Appeals.

A look back

Slevin, who had a history of depression, was held in solitary confinement for most of his stay, and his condition deteriorated as the time lapsed, according to his civil complaint. At the 18-month mark, he was sent to the state's mental health hospital in Las Vegas, at which point he had an overgrown beard, untreated dental problems and "complained of bedsores and a fungus on his skin," according to court documents. And, he was "not alert to time or situation." His status improved while at the psychiatric hospital, and he was released after two weeks to the county jail.

Eventually, Slevin's charges were dismissed in June 2007, after he was found incompetent to stand trial by a state judge. But Slevin's attorney contended that neglectful treatment at the jail left him with lasting psychiatric damage.

A jury ruled in late January to award Slevin $22 million in compensatory and punitive damages.

County officials maintain that a number of improvements have been made at the jail to correct deficiencies in place during Slevin's detention. Now, a full-time psychiatrist is staffed at the facility, and separate wards are available for inmates with mental illness, among other changes.

Diana Alba Soular can be reached at 575-541-5443; follow her on Twitter @AlbaSoular

Stephen Slevin timeline

• Aug. 24, 2005: Stephen Slevin is booked into the Doña Ana County Detention Center on the charges. Also, criminal complaint is filed against Slevin alleging DWI; receiving or transporting a stolen vehicle; a three other charges.

• Sept. 8, 2005: Grand jury indicts Slevin on charges.

• May 8, 2007: Slevin is transferred to the New Mexico Behavioral Health Institute at Las Vegas for a psychiatric review — after about 18 months in solitary confinement. He weighs 133 pounds, is disheveled, has an overgrown beard and hair, has untreated dental problems and bedsores.

• May 22, 2007: Slevin is released from Las Vegas hospital and sent back to the Doña Ana County Detention Center. He's soon returned to solitary confinement.

•June 22, 2007: The state secures Slevin's release from jail for hospitalization at Memorial Medical Center, approved by state District Judge Michael Murphy. He's transported to the hospital and subsequently committed.